homicide

The killing of one human being by the act, procurement, or omission of another. A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being. Criminal homicide is murder, manslaughter or negligent homicide. Model Penal Code, No. 210.1; 18 U.S.C.A. No. 1111 et seq.

See manslaughter

- murder

Homicide is not necessarily a crime. It is a necessary ingredient of the crimes of murder and manslaughter, but there are other cases in which homicide may be committed without criminal intent and without criminal consequences, as, where it is done in the lawful execution of a judicial sentence, in self-defense, or as the only possible means of arresting an escaping felon. The term "homicide" is neutral; while it describes the act, it pronounces no judgment on its moral or legal quality. People v. Mahon, 77 Ill.App.3d 413, 395 N.E.2d 950, 958.

See excusable homicide

- justifiable homicide, below.

Classification1`

Homicide is ordinarily classified as "justifiable," "excusable," and "felonious".

For the definitions of these terms, and of some other compound terms, see below.

@ culpable homicide

Described as a crime varying from the very lowest culpability, up to the very verge of murder.

@ excusable homicide

The killing of a human being, either by misadventure or in self-defense. Such homicide consists of a perpetrator's acting in a manner which the law does not prohibit, such as self-defense or accidental homicide. Law v. State, 21 Md.App. 13, 318 A.2d 859, 869.

The name itself imports some fault, error, or omission, so trivial, however, that the law excuses it from guilt of felony, though in strictness it judges it deserving of some little degree of punishment. It is of two sorts,-either per infortunium, by misadventure, or se defendendo, upon a sudden affray.

Homicide per infortunium is where a man, doing a lawful act, without any intention of hurt, unfortunately kills another; but, if death ensue from any unlawful act, the offense is manslaughter, and not misadventure.

Homicide se defendendo is where a man kills another upon a sudden affray, merely in his own defense, or in defense of his wife, child, parent, or servant, and not from any vindictive feeling.

See homicide; self-defense; also justifiable homicide, below.

@ felonious homicide

The wrongful killing of a human being, of any age or either sex, without justification or excuse in law; of which offense there are two degrees, manslaughter and murder

+ felonious homicide

Killing of human being without justification or excuse.

See homicide

- manslaughter

- murder

- premeditation

@ homicide by misadventure

The accidental killing of another, where the slayer is doing a lawful act, unaccompanied by any criminally careless or reckless conduct. The same as "homicide per infortunium."

See manslaughter

@ homicide by necessity

A species of justifiable homicide, because it arises from some unavoidable necessity, without any will, intention, or desire, and without any inadvertence or negligence in the party killing, and therefore without any shadow of blame.

See self-defense

@ homicide per infortunium

Homicide by misfortune, or accidental homicide; as where a man doing a lawful act without any intention of hurt, accidentally kills another; a species of excusable homicide.

+ Homicide per infortunium is where a man, doing a lawful act, without any intention of hurt, unfortunately kills another; but, if death ensue from any unlawful act, the offense is manslaughter, and not misadventure.

See negligent homicide

@ homicide se defendendo

Homicide in self-defense; the killing of a person in self-defense upon a sudden affray, where the slayer had no other possible (or, at least, probable) means of escaping from his assailant. A species of excusable homicide.

+ Homicide se defendendo is where a man kills another upon a sudden affray, merely in his own defense, or in defense of his wife, child, parent, or servant, and not from any vindictive feeling.

See self defense.

@ justifiable homicide

Such as is committed intentionally, but without any evil design, and under such circumstances of necessity or duty as render the act proper, and relieve the party from any shadow of blame; as where a sheriff lawfully executes a sentence of death upon a malefactor, or where the killing takes place in the endeavor to prevent the commission of felony which could not be otherwise avoided, or, as a matter of right, such as self-defense or other causes provided for by statute.

+ justifiable homicide

Killing of another in self-defense when danger of death or serious bodily injury exists. Such homicide generally connotes only the use of force which is necessary, or which reasonably appears to be necessary, to resist other party's misconduct; and use of excessive force destroys the justification. People v. Bates, 256 C.A.2d 935, 64 Cal.Rptr. 575, 578.

An act which the law positively enjoins upon the perpetrator or positively permits him to perform, such as a capital crime execution or the prevention of a crime or escape by a proper officer. Law v. State, 21 Md.App. 13, 318 A.2d 859, 869.

See self-defense; also excusable homicide, above.

-reckless homicide

@